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2019 (10) TMI 387

..... 010-11 was decided in favour of the assessee. - ITA No.1348/PUN/2018 (Assessment Year : 2012-13) - 5-8-2019 - SHRI R.S. SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY, JM Assessee by: Shri Makarand Revenue by: Shri O.A. Mao, CIT ORDER PER PARTHA SARATHI CHAUDHURY, JM : This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals)-7, Pune dated 21.06.2018 for the assessment year .....

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..... assessment proceedings, the Assessing Officer noted that an amount of ₹ 2,25,49,347/- into P & L account has been provided for warranty provisions. That on identical facts and circumstances, the Ld. CIT(Appeals) observed that in assessee s own case for assessment year 2010-11, the issue was decided in favour of the assessee. 4. That further, at the time of hearing, the Ld. AR of the ass .....

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..... cts, we focus on the data relating to the warranty provision. For the sake of completeness, the data relating to the financial years 2009-10 to 2012-13 furnished by the assessee is extracted in para 1.3 of the order of the CIT(A), which reads as under :- Particulars Financial Year 2009-10 2010-11 2011-12 2012-13 Opening balance 7,500,000 7,500,000 19,593,249 42,142,596 Addition Utilisation 15,888, .....

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..... Ltd. (supra). It has been observed that it could be that in particular year actual warranty claim may exceed the provisions which is made. Assessee was therefore, entitle deduction in respect of provisions for warranty claims. The appellant has relied on Kirloskar Borthers Ltd. (supra) wherein provision for warranty were fully allowed. The crux of these judicial pronouncements are that provisions .....

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